A NonDurable Special Power of Attorney for real estate transactions is an important legal document that is specially designed to allow you to appoint an Agent, or "attorney-in-fact" to sell or buy the real property for you.
The Limited Power of Attorney for real estate transactions includes the right to execute, receive and acknowledge any and all documents, instruments, warranties, quit claims, deeds, necessary to complete conveyance of the property, including but not limited to contracts, addenda, releases, checks, mortgages, commitment letters, warranties, affidavits, statements.
You further grant to your agent full power to pay/to receive/ to release, to accept any funds for the said purchase and for the execution of any necessary documents in connection therewith.
You may grant to your agent the right to insure the property against casualty, liability of loss; to gain possession of the property.
The powers you grant in this Nondurable Specific Power of Attorney are CEASE to be effective should you become disabled or incompetent.
We provide you with two separate forms: one is a Power of Attorney for a person appointing an agent to sell a real estate; the other is a Power of Attorney for a buyer appointing his agent to complete the purchase.
Each form in tailored to meet your state’s requirements and contains state specific notary acknowledgments and agent acknowledgment parts, as well as references to the state law.
You must contact your County Clerk’s office and register this specific power of attorney. When you file this power of attorney in the County Clerk's office, the Power of Attorney becomes a public record open to inspection by the public. A writing that revokes a filed Power of Attorney should also be filed in the County Clerk's office.
After you file a Power of Attorney in the County Clerk's office, you will be able to get additional "certified" copies from the County Clerk for a small fee. A certified copy is legally equivalent to the original document.
If you wish to change your power of attorney, you must complete a new document and revoke this one. You may revoke this document at any time by destroying it, by directing another person to destroy it in your presence or by signing a written revocation of the present document. If you revoke this document, you should notify your agent and any other person to whom you have given a copy of the form.
Please note that any third party who receives a copy of your Power of attorney document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation. You agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.
Your Attorney-in-Fact shall be entitled for reimbursement of all reasonable expenses incurred as a result of carrying out any provisions of your power of attorney.
If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you.
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